Conditions of Carriage

The carriage of passengers and their effects by Leeward Island Services Limited (Leeward)on the vessels are subject to these Terms and Conditions of Carriage which the passengers agree shall be binding on them in return for the provision of the service.

The Courts of Fiji shall have exclusive jurisdiction in respect of any claims, actions, disputes and other matters whatsoever arising under, in connection with or incident to the contract of carriage, against or involving the Leeward in accordance with the laws of Fiji.

Leeward shall not be liable for personal injury (which without limitation includes emotional distress, mental shock/suffering/anguish or psychological injury of any kind or nature), illness, death of the passenger or for any damage or loss of their goods and personal belongings and effects arising out of any cause of whatsoever nature including negligence (of the passenger or Leeward) breach of contract, or breach of any statutory or other duty of care including any duty of care owed under any Act, on the part of Leeward, it servants, agents, contractors or builder of the vessel, whether arising directly or indirectly in connection with or out of the passenger being transported by Leeward.

The passenger will hold harmless and indemnify Leeward, its servants agents, and contractors from any and all liability for any property or personal injury (including emotional or mental injury) to the passenger from being transported by Leeward and to indemnify Leeward its servants agents or contractors from any claims, suits, expenses and costs including but not limited to all expenses, costs, fees and solicitors and counsels costs for damage and personal injury (including emotional injury) to the passenger, or property of any body including the passengers resulting from any accident, negligent act or omission whether the passengers or Leeward’s or its servants, agents or contractors.

Leeward reserves the right to vary its charges or to levy any fuel surcharge or in the event of adverse weather or for any other reason, in it’s absolute discretion, to cancel or reschedule any departure or arrange alternative means of travel. In the event of cancellation or rescheduling, the amount recoverable from Leeward is limited to a refund of the full amount the passenger paid to Leeward for the carriage. Leeward will not be responsible for costs related to accommodation, missed connections for other travel or losses of whatsoever nature as a result.

The passenger must comply with instructions given by the Master (Captain), crew and staff on board a vessel.

Cancellation Policy – Booking changes can be made through the resort front desk or Leeward’s reservation’s email: reservations@malolocat.com, Phone: 6750207, Fax: 6750812; upto 1 hour prior to scheduled departure time without incurring any cancellation fees. Cancellations made within 1 hour of scheduled departure time or no show will incur full loss of the cost of ticket.